4-228-275 Towing operations.

   (a)   All licensees that tow disabled motor vehicles shall comply with Chapter 9-44 of this Code and the rules and regulations promulgated thereunder.

   (b)   In addition to the vehicle marking requirements set forth in Chapter 9-44, all licensees shall also display their motor vehicle repair shop license number on each side of the cab in letters, in contrasting color, that are not less than two inches in height.

(Amend Coun. J. 5-14-97, p. 44283; Amend Coun. J. 5-9-12, p. 27485, § 106)

Editor's note – Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-096 as this § 4-228-275.

4-228-280 Ball joint assemblies – Inspection, sale and installation.

   This section applies to the inspection, sale and installation of ball joints, which for the purpose of this chapter are defined as ball-and-socket assemblies designed to carry the vertical and horizontal stresses in the front suspension system of a motor vehicle while permitting steering and suspension movement. All motor vehicle repair shops engaged in the sale and installation of ball joints shall be subject to the following requirements:

   (1)   Except as set forth in subsections (5) and (6) of this section, any determination that a ball joint is worn or loose shall be made with an instrument specifically designed and manufactured for measurement of ball joint wear or looseness.

   (2)   The instrument required by subsection (1) of this section shall be used, calibrated and maintained in accordance with the instructions issued by its manufacturer. The manufacturer shall be an original equipment manufacturer or a manufacturer who is generally known within the automotive repair industry as a supplier of such instruments.

   (3)   The measurement of wear or looseness of a ball joint shall be stated in thousandths of an inch (.001) or in millimeters, whichever is appropriate to the vehicle and to the specifications of the original equipment manufacturer or of the replacement parts manufacturer.

   (4)   If a ball joint is sold and installed, the degree of wear or looseness of the ball joint being replaced must be recorded on the customer's invoice in accordance with subsection (3) of this section. The maximum allowable wear or looseness permitted by the original manufacturer must be stated.

   (5)   If a ball joint is equipped with an integral means of measuring wear or looseness, such measurement shall be made and reported in accordance with the manufacturer's directions.

   (6)   A ball joint that has been manufactured with a means of manual adjustment to compensate for wear shall be adjusted in accordance with the instructions of the manufacturer.

   (7)   The foregoing requirements are not to be construed as prohibiting the sale and installation of ball joints when the sale and installation are made with the consent of the customer, provided that a full disclosure of the requirements of this section is made to the customer.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 106)

Editor's note – Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-120 as this § 4-228-280.

4-228-285 Rebuilding of automatic transmissions.

   The following minimum requirements specifying accepted trade standards for good and workmanlike rebuilding of automatic transmissions are intended to define terms that have caused confusion to the public and unfair competition within the automotive repair industry. These minimum requirements shall not be used to promote the sale of "rebuilt" automatic transmissions when a less extensive and/or costly repair is desired by the customer. Any automotive repair shop which represents to customers that the following provisions require the rebuilding of automatic transmissions is subject to the sanctions prescribed in Section 4-228-415 of this chapter.

   All motor vehicle repair shops engaged in the repair, sale and installation of automatic transmissions in vehicles covered under this chapter shall be subject to the following minimum requirements:

      (1)   Before an automatic transmission is removed from a motor vehicle for purposes of repair or rebuilding, it shall be inspected. Such inspection shall determine whether or not the replacement or adjustment of any external part or parts will correct the specific malfunction of the automatic transmission, or if the transmission modules are malfunctioning. A pressure test must also be performed before the transmission is removed from the vehicle. If minor service and/or replacement or adjustment of any external part or parts and/or of companion units can reasonably be expected to correct the specific malfunction of the automatic transmission, then prior to removal of the automatic transmission from the vehicle, the customer shall be informed of that fact as required by Section 4-228-250 of this chapter.

      (2)   When the word "exchange" is used with any of the following expressions, it shall mean that the automatic transmission is not the customer's unit that was moved from the customer's vehicle. An automatic transmission shall be described by a word such as "rebuilt", "remanufactured", "reconditioned" or "overhauled", and by any expression of like meaning, only if the following work has been done since the transmission was last used:

         (a)   all internal and external parts, including case and housing, have been thoroughly cleaned and inspected;

         (b)   the valve body has been disassembled and thoroughly cleaned and inspected;

         (c)   all front and intermediate bands have been replaced with new or relined bands;

         (d)   all the following parts have been replaced with new parts:

            lined friction plates;

            internal and external seals;

            metal sealing rings that are used in rotating applications;

            gaskets;

            organic media disposable-type filters (if the transmission is so equipped);

         (e)   all impaired, defective or substantially worn parts not mentioned above have been restored to a sound condition or replaced with new, rebuilt or unimpaired parts. All measuring and adjusting of such parts have been performed as necessary.

      (3)   The torque converter is considered to be a part of the automatic transmission and shall be examined, cleaned and made serviceable before the rebuilt transmission is installed. If the torque converter cannot be restored to a serviceable condition, then the customer shall be so informed. With the customer's authorization, the converter shall be replaced with a new, rebuilt or unimpaired used torque converter.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-16-97, p. 42621; Amend Coun. J. 5-9-12, p. 27485, § 106)

Editor's note – Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-130 as this § 4-228-285.

4-228-290 Use of trade names.

   No licensee under this chapter shall use or permit to be used more than one trade name at a single location.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 711)

4-228-295 Notification of disciplinary action to mechanics.

   If a licensee under this chapter is notified by the commissioner to appear at a disciplinary hearing, or the commissioner issues or obtains an order or judgement directed at or against such licensee, or such licensee's license under this chapter is suspended or revoked by the commissioner, such licensee shall notify, in writing, all of the motor vehicle mechanics employed by such licensee at the applicable licensed facility of such fact(s).

(Added Coun. J. 5-9-12, p. 27485, § 106)

4-228-296 Hazardous materials – Duties – Prohibited acts.

   (a)   It shall be unlawful for any person licensed or required to be licensed under this chapter to fail to comply with the requirements of Section 11-4-1200 of this Code, if applicable. In addition to any other penalty provided by law, a single violation of this subsection (a) may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

   (b)   (1)   Each person licensed or required to be licensed under this chapter shall keep and maintain on file, for a period of not less than three years, all written materials used to document the quantity of each hazardous chemical present at the motor vehicle repair shop, if such chemical is present at the shop in an amount that exceeds the threshold level for reporting as established by regulations promulgated under Title III of the Superfund Amendments and Reauthorization Act of 1986, codified at 42 U.S.C. 11001, et seq., as amended. In addition to any other penalty provided by law, a single violation of this subsection may result in license suspension or revocation in accordance with the requirements of Section 4-4-280 of this Code.

      (2)   Upon request, the records required under subsection (b)(1) of this section shall be made available for inspection, during regular business hours or in case of emergency, by any city official charged with responsibility for enforcing this chapter.

   (c)   The commissioner of health, the fire commissioner, the executive director of emergency management and communications, the commissioner of business affairs and consumer protection and their respective designees are authorized: (1) to inspect, at reasonable hours or in case of an emergency, any motor vehicle repair shop licensed or required to be licensed under this chapter for the purpose of determining compliance with the requirements of this section; (2) to examine the applicable books and records of any person licensed or required to be licensed under this chapter in order to corroborate the quantities of hazardous chemicals reported or required to be reported by the owner or operator of the shop under Section 11-4-1200; and (3) to enforce the requirements of this chapter.

(Added Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 118)

Editor's note – Coun. J. 11-8-12, p. 38872, § 118, renumbered former § 4-228-300 as this § 4-228-296. 

4-228-300 Reserved.

Editor's note – Coun. J. 11-8-12, p. 38872, § 118, renumbered § 4-228-300 as § 4-228-296.